Amended in Senate May 5, 2015

Amended in Senate April 6, 2015

Senate BillNo. 716


Introduced by Senator Lara

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(Principal coauthor: Assembly Member Bonta)

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February 27, 2015


An act tobegin delete amend, repeal, and add end deletebegin insert amendend insert Section 596.5 of the Penal Code, relating to animal cruelty.

LEGISLATIVE COUNSEL’S DIGEST

SB 716, as amended, Lara. Animal cruelty: elephants.

Existing law makes it a misdemeanor for any owner or manager of an elephant to engage in abusive behavior toward the elephant, which includes disciplining an elephant by specified methods, including, but not limited to, use of electricity.

This bill would, beginning January 1, 2018, additionally provide that abusive behavior toward the elephant includesbegin delete the discipline, management, or training of the elephant by specified methods, includingend delete the use of a bullhook, ankus,begin delete guide, or pitchfork.end deletebegin insert baseball bat, axe handle, pitchfork, or similar device by any person who houses, possesses, or is in direct contact with an elephant.end insert By expanding the scope of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 596.5 of the Penal Code is amended to
2read:

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596.5.  

(a) It shall be a misdemeanor for any owner or manager
4of an elephant to engage in abusive behavior toward the elephant,
5including the discipline of the elephant by any of the following
6methods:

7(1) Deprivation of food, water, or rest.

8(2) Use of electricity.

9(3) Physical punishment resulting in damage, scarring, or
10breakage of skin.

11(4) Insertion of any instrument into any bodily orifice.

12(5) Use of martingales.

13(6) Use of block and tackle.

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14(b) This section shall remain in effect only until January 1, 2018,
15and as of that date is repealed, unless a later enacted statute, that
16is enacted before January 1, 2018, deletes or extends that date.

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17(b) On or after January 1, 2018, it shall be a misdemeanor for
18any person who houses, possesses, or is in direct contact with an
19elephant to use a bullhook, ankus, baseball bat, axe handle,
20pitchfork, or similar device designed to inflict pain for the purpose
21of training or controlling the behavior of an elephant. Use
22prohibited by this section includes brandishing, exhibiting, or
23displaying such devices in the presence of an elephant.

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SEC. 2.  

Section 596.5 is added to the Penal Code, to read:

25

596.5.  

(a) It shall be a misdemeanor for an owner or manager
26of an elephant to engage in abusive behavior toward the elephant,
27including the discipline, management, or training of the elephant
28by any of the following methods:

29(1) Deprivation of food, water, or rest.

30(2) Use of electricity.

31(3) Physical punishment resulting in damage, scarring, or
32breakage of skin.

33(4) Insertion of any instrument into any bodily orifice.

34(5) Use of martingales.

35(6) Use of block and tackle.

36(7) Use of a bullhook, ankus, guide, or pitchfork, including the
37use of those devices without making contact.

38(b) This section shall become operative on January 1, 2018.

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begin deleteSEC. 3.end delete
2begin insert SEC. 2.end insert  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.



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